Case Caption: Dale Fleming v. Pedro Cruz, Commissioner, et al.Case Number: S.Ct. Civ. No. 2011-0092Date: 06/16/2015Author: Swan, Ive Arlington Citation: Summary:

In a suit against a Commissioner and an Assistant Commissioner of a Department of the Virgin Islands Government, in their official and private capacities, alleging state and federal civil rights claims under 42 U.S.C. § 1983 and various constitutional provisions arising from the defendants' failure to reinstate the plaintiff to an employment position, plaintiff failed to comply with the statutory requirements for asserting claims against Governmental defendants under the Virgin Islands Tort Claims Act, 33 V.I.C. §§ 3401-3416, and made no factual allegations upon which relief can be granted. Plaintiff did not timely file a claim under the Tort Claims Act, and did not state any cause of action against the Government defendants because he did not demonstrate any entitlement to continued employment with the Department involved, or that Due Process or any other constitutional right was violated. Plaintiff's criminal convictions have no relevancy to his current civil appeal and are not properly before this Court. Upon the record in this case, plaintiff's criminal convictions as a group, and the reversal of one conviction relating to use of a dangerous weapon by the Appellate Division, had no bearing upon his alleged termination, and accordingly have no bearing upon whether he should be reinstated. He was convicted of third degree assault in violation of 14 V.I.C. § 297(3), which does not involve use of a dangerous weapon, and he remains a convicted felon under that charge. The Superior Court did not err in granting the Government's motion to dismiss, and its September 23, 2011 Order is affirmed.

Attachment: Open Document or Opinion